Insurance Claim Recovery Support (ICRS) public adjusters are indispensable allies for commercial and apartment owners facing the challenges of fire and water damage claims containing asbestos. Our expert associates and experience not only protect your economic interests but also safeguard the health and well-being of your building’s occupants or workers. Partnering with us ensures a streamlined and cost-effective resolution of your insurance claims, reducing the potential for costly schedule disruptions due to unforeseen asbestos hazards.
In 2002, Texas Senate Bill 509 was enacted, mandating that municipalities verify the completion of an asbestos survey before issuing permits for any renovation or demolition of public or commercial buildings. Regardless of your building’s age, whether it’s fifty years old or just a year old, obtaining an asbestos survey is a non-negotiable requirement for permit issuance. This survey must be conducted by a state-licensed professional, adhering to state-mandated guidelines.
Streamlined Asbestos Management Process
Not all policies contain coverage for asbestos. When you partner with ICRS, our licensed representative will collaborate with you to review your policy benefits, exclusions, endorsements, and policyholder’s duties in the event of a fire or water loss. We will assist you in identifying your project’s scope and costs. This includes determining the area to be surveyed, identifying homogenous areas for sampling, and establishing a timeline for the final report. If you require an expedited survey, rest assured that ICRS has the right teams who can accommodate your needs.
After defining the scope, an inspection and survey, collection of test samples, creation of a sample location map, and documentation of the condition of the materials being sampled is performed by a licensed asbestos consultant. These samples are then sent to an accredited laboratory for analysis, typically taking 5-7 days. If necessary, expedited analysis options, with results available in as little as 3-5 days or even 24 hours, depending on the survey’s sample volume are available.
Once the laboratory provides the results, a licensed asbestos consultant promptly delivers them. A comprehensive report outlining the steps taken during the survey and identification of which samples are asbestos-free, or not. This report is commonly referred to as a protocol and is essential for obtaining the required permit for your renovation or demolition project.
Addressing Asbestos Discoveries
In cases where asbestos is detected during the inspection or survey, a licensed asbestos consultant provides a detailed report pinpointing the locations and quantities of asbestos-containing materials. Together with our clients, we devise a tailored plan to address the asbestos findings.
A licensed asbestos consultant collaborates with asbestos abatement contractors who submit competitive bids for the safe removal of asbestos. Our team assists in selecting the most suitable contractor based on factors such as duration, qualifications, and cost-effectiveness.
Once the abatement contractor is chosen, there is a mandatory 10-day state notification process and develop project specifications. Additionally, we coordinate the essential air-monitoring technicians required throughout the project’s duration.
Licensed asbestos consultants ensure daily project monitoring to guarantee compliance with all federal and state regulations, prioritizing your liability protection.
Upon completion of the abatement project, a licensed asbestos consultant compiles all necessary documentation from the abatement contractor and air-monitoring technicians, streamlining the closeout process for you.
What are the fines and liabilities of not abating asbestos properly?
The fines and liabilities for not abating asbestos properly can vary depending on the jurisdiction and the severity of the violation. Asbestos is a hazardous material that poses serious health risks when it becomes airborne and is inhaled, so governments have strict regulations in place to ensure its safe removal and disposal. Here are some potential fines and liabilities associated with improper asbestos abatement:
1. Regulatory Violations: Fines can be imposed for violating local, state, or federal regulations governing asbestos abatement. These fines may vary widely depending on the specific violation and the governing authority.
2. Civil Penalties: Property owners, contractors, or individuals responsible for improper asbestos abatement may face civil penalties or fines. These penalties can range from hundreds to thousands of dollars per violation.
3. Criminal Charges: In cases of deliberate and egregious violations, individuals or companies may face criminal charges. Criminal penalties can include fines and even imprisonment, especially if the improper abatement resulted in harm to others.
4. Environmental Liabilities: Improper disposal of asbestos-containing materials can result in environmental liabilities. This may involve additional cleanup costs and fines for contaminating soil or water sources.
5. Health and Safety Liabilities: Exposing workers or others to asbestos fibers due to improper abatement practices can lead to health and safety liabilities. Victims may file lawsuits for asbestos-related illnesses, leading to costly legal settlements or judgments.
6. Cost of Remediation: Property owners who fail to properly abate asbestos may be required to pay for the cost of remediation, including the removal and disposal of asbestos-containing materials, as well as any necessary repairs or renovations to affected areas.
7. Insurance Implications: Insurance coverage may be denied or premiums increased if asbestos abatement is not conducted in accordance with regulations and industry best practices.
It’s crucial to emphasize that asbestos abatement should be carried out by licensed and certified professionals who are trained in the safe handling and removal of asbestos-containing materials. Failure to follow proper procedures not only exposes individuals to health risks but also carries significant legal and financial consequences. Regulations and penalties can vary widely by location, so it’s essential to consult local authorities and legal experts for specific information on fines and liabilities in your area.
For more information about Asbestos Laws and Regulations please visit: https://www.epa.gov/asbestos/asbestos-laws-and-regulations